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The Copyright Infringement Liability Of Internet Service Provider

Posted on:2015-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:P JiangFull Text:PDF
GTID:2296330470479675Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the internet service provider copyright infringement cases is increasing, the proportion of which in copyright infringement cases is also rising, in practice, how to define the infringement behavior of the communication through information networks, in particular, how to determine the liability of Internet service providers, is become a huge challenge of the people’s court of Intellectual Property Department. The purpose of this paper is to clarify the current laws of our country, how to apply and interpret the law, discovery and settlement the conflicts between law and practice, and giving my suggestions. Research methods used in this paper have, case studies, comparative study, value analysis method, etc. Through different methods, research the provisions and deficiencies of the legal system.Since “Provisions of the Supreme People’s Court on Several Issues concerning the Application of Law in Hearing Civil Dispute Cases Involving Infringement of the Right of Dissemination on Information Networks ”(hereinafter referred to as the "Regulations") come into force on January 1, 2013,the study of theory about such regulations is very little, almost no one systematic demonstration how regulations affect China’s legal system and the application of regulations, this article discuss the copyright infringement liability of internet service provider relates to imputation principle, constitutive requirements, the exemptions and the responsibilities and other aspects related, in-depth analysis of the relevant legal provisions in our country how to guide the practice, how to use legal practice, puts forward some problems existing in the law in our country, what legal blank "Regulations" have been made, what beneficial effects have been take, and the next time, how to further improve the our law.The innovation of this paper is from the point of view of classification of internet service providers, a comprehensive analysis of different types of internet service providers should be applied to different rules, and a lot of theoretical research of the past often Overgeneralization or deliberately ignoring one type of internet service provider, or intentionally exclude it, then only research infringement liability of one type internet service provider, the author believes that above mentioned research methods are not systematic and comprehensive enough, therefore, the deep research of infringement of copyright on the Internet service provider according to, do the classification and sorting system, from the imputation principle, liability to exemptions and responsibility are to attend, not omission of any special case. At the same time, this paper introduced the latest "Regulations" to analyze and judge our law, giving new guideline to practice.
Keywords/Search Tags:Copyright Infringement Liability, Imputation Principle, Constitutive Requirements, Exemptions
PDF Full Text Request
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